HR 1766 Introduced - NTIA Cybersecurity
Earlier this month Rep Obernolte (R,CA) introduced HR 1766, the NTIA Policy and Cybersecurity Coordination Act. The bill would transform the current NTIA Office of Policy Analysis and Development (OPAD) into the Office of Policy and Cybersecurity Coordination. No new funding is authorized by this legislation.
The bill would amend the National Telecommunications and Information Administration Organization Act by adding a new §106, Office of Policy Development and Cybersecurity.
The bill is essentially the same as the version of HR 1345 that was passed in the House in July 2023 by a voice vote. No action was taken in the Senate. A substantially similar bill (S 1526) was introduced last session by Sne Hickenlooper (D,CO), but no action was taken on that bill in the Senate either.
Definitions
There is a single definition (almost in passing) in this bill of the abbreviation “NTIA” in §106(b)(2). Existing definitions at 47 USC 901 would apply to this bill.
Establishment of OPDC
Section 106(a) would establish the Office of Policy Development and Cybersecurity (OPDC) to be headed by the newly designated Associate Administrator for Policy Development and Cybersecurity. The following cybersecurity related duties are part of those duties assigned to the Associate Administrator by §106(c)(2):
Coordinate transparent, consensus-based, multistakeholder processes to create guidance for and to support the development and implementation of cybersecurity and privacy policies with respect to the internet and other communications networks,
Promote increased collaboration between security researchers and providers of communications services and software system developers,
Perform such duties as the Assistant Secretary considers appropriate relating to the program for preventing future vulnerabilities established under 47 USC 1607(a),
Advocate for policies that promote the security and resilience to cybersecurity incidents of communications networks while fostering innovation, including policies that promote secure communications network supply chains,
Present security of the digital economy and infrastructure and cybersecurity policy efforts before the Federal Communications Commission, Congress, and elsewhere, and
Provide advice and assistance to the Assistant Secretary in carrying out the policy responsibilities of the NTIA with respect to cybersecurity policy matters.
Moving Forward
On March 4th, 2025 the House Energy and Commerce Committee held a business meeting to consider twelve pieces of legislation, including HR 1766. The Committee agreed to final passage of the bill by a voice vote. Once the report is published, the bill will be cleared for consideration by the full House, probably under the suspension of the rules process. I would expect the bill to pass with substantial bipartisan support.
Commentary
What is not clear currently is how this proposed reorganization within the NTIA would fit into the Trump reorganization effort. As described in this bill, the OPCD would have no specific regulatory responsibilities, but there are two provisions within the proposed language for §106(c)(2) {see subparagraphs (E) and (I)} that could see the reorganized Office being assigned such responsibilities.
Interestingly, the current OPAD, which this bill would replace, is not currently specifically authorized by Congress in statute. This means that it could be a prime candidate for cutting by the Trump Administration. If this bill reaches the President’s desk, it could end up saving (and of course reorganizing at least somewhat) that Office. Though I am not sure that Congress could get this bill to the President’s desk before the FY 2026 budget eliminating (if it does) the OPAD is sent to Congress. There are a lot of big political questions in the environment into which this bill was submitted.